ESA, been put into WRAG...how do I appeal?- UPDATE - success! :-)

Horseunderwater

boysim34 wrote: »

to be honest emmafifema I can't see you being put into the support group. my partner has uncontrolled epilepsy, chrons disease which leads to bowl problem's, and he was put into to work related group

Does your partner lose control of their bowels at least once per week? If yes, then they should be in the Support group. If that is now happening, you can ask for a supercession of the original decision and tell them why it is needed. This can be done at any time.

Torry_Quine

boysim34 wrote: »

to be honest emmafifema I can't see you being put into the support group. my partner has uncontrolled epilepsy, chrons disease which leads to bowl problem's, and he was put into to work related group

It sounds like they should be in the support group. An appeal could well be sucessful.

emmafifema

OK so I received my ESA85 form (medical) back and the assessor has appears to have stated under the "Prognosis" Section that "Functional problems - I advise that work 'could' be considered within 12 months".
Also under "Lower Limb activity outcomes":
Cannot either mobilise more than 100 meters on level ground without stopping in order to avoid significant discomfort or exhaustion or repeatedly mobilise 100 meters within a reasonable timescale becaise of significant discomfort.

Then goes on to say I can't for the majority of time remain at a workstation either standing or sitting for more than an hour before needing to move away to avoid discomfort etc etc.

Now I don't know where she got this 100 meters from as I cannot walk half that distance without stopping etc because I have constant pain. She has even stated this in the report and that I was in obvious pain. Also she has stated that my left leg gives way and I am awaiting my referral to the Neuro center and physio.

I really don't know where I stand (pardon the pun) with this or what to do...any advice would be much appreciated xx

Cpt.Scarlet

Horseunderwater wrote: »

When you get the GL24 appeal form - you can appeal on the basis that you cannot walk more than 50 meters without significant pain or discomfort - you will need to spell this out to them in detail. http://pseudo-living.blogspot.co.uk/2012/03/esa-descriptors-and-points.html see 1st Support group descriptor. You need to link your problems to the descriptors which is where lots of people go wrong.

If you are going to give advice then you need to understand what the descriptors actually say rather what you think they do, you made the same error on the incontinence one of only referring to part of the descriptor.

This is not a walking test, it is a test of mobility which in addition to walking looks at a claimants ability to propel a manual wheelchair over equivalent distances, so it is not enough to just show that you cannot walk 50m because this still not score points, you need to show that you either cannot propel a wheelchair 50m or it is not reasonable for you to use one.

KxMx

emmafifema wrote: »

OK so I received my ESA85 form (medical) back and the assessor has appears to have stated under the "Prognosis" Section that "Functional problems - I advise that work 'could' be considered within 12 months".
Also under "Lower Limb activity outcomes":
Cannot either mobilise more than 100 meters on level ground without stopping in order to avoid significant discomfort or exhaustion or repeatedly mobilise 100 meters within a reasonable timescale becaise of significant discomfort.

Then goes on to say I can't for the majority of time remain at a workstation either standing or sitting for more than an hour before needing to move away to avoid discomfort etc etc.

Now I don't know where she got this 100 meters from as I cannot walk half that distance without stopping etc because I have constant pain. She has even stated this in the report and that I was in obvious pain. Also she has stated that my left leg gives way and I am awaiting my referral to the Neuro center and physio.

I really don't know where I stand (pardon the pun) with this or what to do...any advice would be much appreciated xx

I would download the GL24 form and write that you want to appeal being placed into the WRAG because you meet x support group descriptor, evidence to follow.

As the poster above me said it is about mobility, not walking, so you need to make clear why you can't use a self propelled wheelchair also (doesn't matter if you don't have one, the expectation is if you can use one you will be counted as being able to)

Do you have any medical letters which state your problems in relation to the support group descriptor, if not can you get any? You could send in a copy of your high rate DLA award, that relates to your abilities with mobility.

Send that/those off, go through the ESA85 line by line and state the mistakes, where you disagree and so on, link those where you can to the support group descriptor. Send that off too.

Contact your local CAB/DAB for help, they may not be able to see you for a little while though which is why i recommend sending in the GL24 now.

Arwen

Please do not forget ESA regulations 29 and 35 if you do not hit the descriptors. I am paraphrasing but they state "that if there is a substantial risk to the mental and physical health of any person, inc you, then you should not be found fit for work related activity.

have a look on the Black Triangle website.There is a letter that you can print off, that your GP MAY be willing to sign.

emmafifema

Just thought I would give you a quick update - When checking my bank on Wednesday there was a lot more money in it than should be........turns out it's from ESA, after receiving my letter of reconsideration they have decided to PUT ME IN THE SUPPORT GROUP for 3 years!

What a relief and thanks for all your advice! x

KxMx

emmafifema wrote: »

Just thought I would give you a quick update - When checking my bank on Wednesday there was a lot more money in it than should be........turns out it's from ESA, after receiving my letter of reconsideration they have decided to PUT ME IN THE SUPPORT GROUP for 3 years!

What a relief and thanks for all your advice! x

I'm so happy to hear this and thank you for coming back to update.

I too this week went from "fit for work" to WRAG for 2 years it's a good feeling isn't it :j Especially when it's done on your own efforts upon reconsideration.

craftygran

Harrysmate Can you send me the link to the DWP site please. My husband also has this condition and has been put in the wrag. He is appealing the decision and any information would be useful.